Tese
Processo Judicial e Pós-humanidade: transformação do Judiciário e a preservação da jurisdição humana pelo 2o grau de jurisdição.
Fecha
2021-03-08Registro en:
SALDANHA, Paloma Mendes. Processo Judicial e Pós-humanidade: transformação do Judiciário e a preservação da jurisdição humana pelo 2o grau de jurisdição. 2020. 220 fl. Tese (Doutorado) - Universidade Católica de Pernambuco. Programa de Pós-graduação em Direito. Doutorado em Direito, 2020.
Autor
Saldanha, Paloma Mendes
Resumen
The Judiciary uses information technology through databases that distribute
information to interested parties and can be supplied by procedural subjects, making
the judicial process and procedure computerized and electronic. It must be considered
that the distribution of information loaded in a database is different from the activity
performed by an intelligent system. It can make decisions through artificial intelligence
techniques or stages, such as case-based reasoning, for example. Otherwise,
cyberculture brings signs of transformation in terms of human beings' trust in other
individuals, groups, or institutions. In this context, the present work adopts the
hypothesis of modification of composition / housing of the jurisdictions presented by
the procedural system, that is, the possibility of full autonomous automation of the 1st
degree of jurisdiction, leaving the 2nd degree as an exclusively human review
jurisdiction. All considering the inevitability of the presence of automation in the most
diverse areas of human relations, as well as the concretization and effectiveness of
the procedural and constitutionally established principles from automation. The law will
be addressed in the understanding of the duty to be, while the technology will be used
in its current panorama (being), with small points of computer prediction. To this end,
the research will use the literature review method of authors from the legal and
computer science fields, exploratory research with field research for knowledge and
analysis of intelligent systems and experiments with legal cases.